'I am concerned, of course. We have to have the individual mandate,' said Sen. Tom Harkin. |
AP Photo
Close

At a recent meeting of the American Academy of Actuaries, the issue came up in every session. Alternatives are the key topic in conversations with Hill offices and the Congressional Budget Office. And at the insurance industry convention last week, speakers were predicting the Supreme Court vote tally.

So far, two district court judges have declared the mandate unconstitutional — with one, Judge Roger Vinson, taking down the rest of the law, too. Three other district court judges have upheld the law.

Text Size

At least three federal appellate circuits are expected to take up the cases this summer, and the Supreme Court could be asked to take the case this fall or winter.

Republicans see the court as the ultimate chance for a “do over” on health reform.

“If the Supreme Court ultimately does rule that the federal government can’t force people to buy insurance, then one of the central pillars holding up the law will come crashing down, and we should scrap the law and start over on real reform,” Hatch said.

But dealing with the court striking down the mandate could be easy compared with would happen if public opinion doesn’t turn around and Democrats respond by altering or repealing it.

Nearly 90 percent of Republicans and 69 percent of independents want to repeal it, according to a February poll from the Kaiser Family Foundation. Even Democrats aren’t crazy about it — 51 percent want to repeal it, according to the same poll.

The most plausible alternative to the mandate could be a package of provisions designed to encourage people to buy insurance. But no alternative has emerged that would cover nearly as many people as the Congressional Budget Office says the Affordable Care Act would cover.

There could be penalties for buying coverage outside a certain month of the year, a disincentive against buying coverage only when a patient is sick. Other ideas include subsidies for buying coverage (as in the reform law) and government assistance for plans that take on sicker customers.

President Barack Obama and congressional Democrats vow to defend the legislation but say the law isn’t perfect, and they’re open to bipartisan repairs. This month, Obama endorsed a bill backed by Sens. Ron Wyden (D-Ore.) and Scott Brown (R-Mass.) to change the date when states can begin to try alternatives to the federal plan.

But if history is any guide, even the most bipartisan health care proposals face a tough road ahead.

There have been about a half dozen attempts to repeal an expanded tax-reporting requirement in the law, dubbed the 1099 provision, only to become bogged down in partisan fighting over how to pay for it.

Sens. Robert Menendez, Jeff Bingaman, John Kerry, Bill Nelson and John Rockefeller said they wouldn’t support the bill because of how it would be funded. In a letter to Reid, they wrote:

“We fully support repealing the 1099 reporting requirement but strongly believe we must do so in a manner that does not increase taxes on middle-class families and drive up the ranks of the uninsured.”

Readers' Comments (20)

"This month, Obama endorsed a bill backed by Sens. Ron Wyden (D-Ore.) and Scott Brown (R-Mass.) to change the date when states can begin to try alternatives to the federal plan." - the liberal/progressive POLITICO

.........

Romney was right "state plans" are where we need to go. Red State Conservative Utah has just launch their own unique state plan.

Romney and the Democrat legislature in Massachusetts were able to sell their residents on the mandate.............unfortunately Obama, Nancy, and Harry did a very poor job of modeling their bribe-ridden partisan HC plan after Romney's popular plan..................lol........and folks "that's the truth". Laugh at that Axlerod.................

That's why Romney has promised to sign legislation that the new Republican Senate send to him as POTUS in 2012 to repeal this very unpopular Obamacare (38% approval). Which is suppose (lol) to be modeled after Romney's first in the nation popular unique State HC plan...................you know the one the MSM wolfpack press continues to push a lying and misleading narrative on........

The same MSM wolfpack press that needs to come CLEAN and apologize to the American people and Romney..............for knowingly pushing a lying "organzied" narrative.......

Ol' Tom Harkin let's his colors show. People with insurance have to support those that don't have it. Why? Because he needs the votes and he says so, that's why. Self reliance? Self responsibility? Autonomy? Nah!! Just give us heaping plates of socialism, please. Because we're too lazy and stupid to take care of ourselves.

The Patient Protection and Affordable Care Act probably will never be repealed -- even if the Supreme Court goes against precedent and the Constitution and strikes down the mandatory requirement. (I doubt the Supreme Court will do that because it would mean toppling a great pillar of power from beneath the federal government and Supreme Court members are part of that government.) Any idea Democrats and Republicans can come up with to improve our healthcare laws I welcome. I'd love to see improvements that more effectively drive down insurance premiums and doctors' bills and make health care more efficient and effective and covers more Americans.

Support for repeal of the national health care law has reached its highest level since May of last year. The number of voters who believe the plan will increase the cost of care has tied its highest level since the law’s passage last March.

The latest Rasmussen Reports national telephone survey of Likely Voters shows that 62% favor repeal of the health care law, including 51% who Strongly Favor it. Only 33% of voters oppose repeal, with 24% who are Strongly Opposed."

Wow....

Obamacare will be the reason why Barack Obama will be a one-term prez............

Maybe Obama should have "modeled" his bribe-ridden partisan un-popular one fits all Federal plan after Mitt Romney's very popular unique State HC plan.......

Hey Axelrod..................who is laughing now? Of course we know our dirty dishonest MSM wolfpack press will continue until November 2012 pushing their lying and misleading narrative on Romney's popular plan.....

Does everyone see what we moderates and conservatives that make-up 76% of the US population have to put up with?

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.

Froggie, so you have a catastrophic illness/injury where are YOU going to go? Which country has better health services, better outcomes, better technology?

The Republican plans for health care are based on fact/what has worked like quality based outcomes, tort reform, health insurance exchanges, allowing insurance companies to compete by selling over state lines, allowing small businesses to form insurance coops etc.The Democrats swim around in their emotional/feel good pond with absolutely no concept of what to do other than tax, tax, tax, expand Medicaid, government MANDATING private citizens do something (where in the Constitution does it say govt can tell me what to buy?), govt formation of new commissions and czars. Seems to me the only ones benefiting from all this big govt nanny statism is BIG GOVT.